Putting your loved one in a nursing home is a difficult decision, and when you make it, you expect the nursing home to take care of your loved one and put their needs first. When nursing homes do not take proper care of their residents, the residents face dangers that could put their lives at risk, like choking injuries.
If you know or suspect that your loved one choked, and therefore suffered a choking injury, you could retain a Brown & Barron lawyer. Our Arbutus nursing home choking injury attorneys can help you hold the nursing home accountable for their actions and get compensation for the injuries of your loved one.
Get in touch with a choking injury lawyer serving Arbutus, (410) 698-1717 for a free case evaluation.
Choking occurs when an object obstructs the throat, blocking the airway and preventing the person from breathing, cutting off the oxygen that goes to the brain. After choking, the nursing home resident could have suffered injuries that affected their throat. They could have also passed away.
If your loved one faced a situation like this in Arbutus, you must first seek medical help. Then, speak with your nursing home choking injury lawyer. We offer a free consultation to talk about your legal options.
How to Identify If Someone Is Choking and What to Do?
Staff members of a nursing home facility must know how to identify these situations and what to do in a choking incident. If they fail to attend to the resident, they could incur negligence. Some signs that someone is choking are:
- Inability to talk
- Breathing difficulty
- Face, skin, and lips turning red or blue
- Loss of consciousness
The nursing home has the responsibility to train its staff. One of the most common and effective techniques is the Heimlich Maneuver, which Mayo Clinic states consist of five back blows and five abdominal thrusts. If the nursing home staff fails to prevent the choking or renders aid too late or incorrectly, you could present a negligence claim to make them pay for the injuries of your loved one.
Choking Injuries From a Choking Incident
A choking incident can lead to complications. If these complications are not treated correctly, they could lead to significant consequences, like the patient’s death. Some complications that a resident of a nursing home facility might experience are:
- Throat irritation or damage
- Abdominal injuries and vomiting (complications from the Heimlich Maneuver)
- Persistent cough
- Death from asphyxiation
If the nursing home resident still feels something in their throat after the choking incident, they should seek medical help. Our Arbutus nursing home neglect attorneys can help them do this.
Responsibilities of the Nursing Home
Nursing homes are responsible for the care and well-being of their residents. Staff must be trained and follow their responsibilities accordingly to secure the everyday activities of the residents. Some of the responsibilities of nursing home staff to prevent residents from choking are:
- Monitor residents while eating.
- Supervise residents at night.
- Give residents food in small portions that are easy to chew and swallow.
- Help residents eat in a position where there is no chance of choking.
The lack of these (or other responsibilities) could be negligence. Too many older Americans pass away from choking. At Brown & Barron, our choking injury lawyers can help you determine your chances of pursuing compensation.
Time Limit to File a Choking Injury Claim
You must file a lawsuit before the timeline in Maryland ends. Maryland law outlines a statute of limitations for nursing home negligence under Maryland Courts & Judicial Proceedings Code Section 5-109. This statute gives you five years to sue from the date of the incident or three years from the date of discovery, whichever is earlier.
You must start the legal process as soon as possible while the evidence is still fresh. Moreover, recollecting evidence and testimonies can take time. Start immediately and call us for a free case consultation. We can discuss your legal options and help you decide the best way to proceed.
A Brown & Barron Lawyer Can Help You Get the Justice You Deserve
At Brown & Barron, we take every case seriously. Our loved ones, especially the elderly in a nursing home, deserve to be treated right. If you suspect that the nursing home was negligent and caused a choking injury to your loved one, you could have the right to file a claim.
Contact Brown & Barron online today to schedule a free case review with a with a choking injury lawyer serving Arbutus.
Damages You Could Recover in a Nursing Home Choking Injury Case
Our professionals can recover different types of compensation for you. We cannot specify the damages we could recover without first talking with you.
However, some of the most common recovery damages for this type of case are:
- Medical expenses: Includes costs related to the injury like hospitalization, medical bills, prescriptions, doctor’s appointment, therapy, rehabilitation, wheelchair, or any other medical equipment the resident might need
- Pain and suffering: Includes the harm that you and your loved one suffered due to the choking injury
- Wrongful death: In the worst scenario, your loved one could die. If this happens, you could seek compensation for it.
What to Expect From Our Nursing Home Neglect and Abuse Law Firm
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“…the staff was always available and courteous. They did a great job with my case, and I would recommend them to anyone who asked.” – Brittney M.
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